How Do You Determine Who is at Fault in A Car Accident in Florida?

Last updated on: January 16, 2023

Every driver is responsible for maintaining a safe and careful driving style. However, despite the measures other drivers take, accidents still happen and a large portion of them are due to other drivers not operating their cars safely. You may have the right to claim compensation if you are injured as a result of an accident caused by a negligent driver. The exact circumstances of your accident may determine who is liable and how much you may be able to recover. An experienced Miami car accident lawyer who specializes in car accidents can help you simplify the situation.

There are many ways for an insurance company to determine who is at fault in an accident. The three most common ways are physical evidence, traffic citations, and witness testimony.

Oftentimes, the police as well as the insurance companies will examine the physical evidence of the car accident. The type of crash that occurred as well as the traffic laws will also be thoroughly examined. The inspectors will also examine the damage done to the vehicle, as well as road and skid damage. Any video or photographic evidence will be taken into consideration.

Another thing that the police or insurance company will look at when determining fault in an accident is traffic citations. If one driver was in violation of law at the time of the accident, they are considered to be at fault. The most common citations are speeding and running a stop sign. To help establish fault, it is crucial that you call the police at the accident scene.

Lastly, insurance companies and police will also accept statements from anyone who witnessed the accident. Witnesses can include any parties involved in the accident as well as any passengers in their vehicle and bystanders who saw the incident. The police may also act as the witness based on the evidence they have collected at the scene. It is important for anyone involved in an accident to not admit fault immediately after the accident

They will review your case details and work for compensation. Our skilled car accident lawyers at Charlip Law Group have years of experience in car accident cases in Miami and helping to determine potential liability.  We may be able to help you, too. Call us today to schedule a free consultation.  Our lawyers don’t get paid unless you do. 

What to Do After a Car Accident

Immediately after an accident, if you are able to, move to a safe place away from traffic. If you and your passengers have not been seriously injured, call the police and wait until they arrive on the scene. While waiting for them to arrive, you must collect as much information as possible. If you have been seriously injured, request the dispatcher calls an ambulance. If you are not sure if you should go to the hospital, it is always safer to go and get checked out.  

Try to get as much information as possible on the scene. Names of drivers and passengers, vehicle types, insurance information, as well as license plate numbers, and details about the parties involved and passengers. If there are witnesses, ask for their contact information. If you can, take photos of the accident scene and the damages to the property. Save the details of all responding officers and contact information for the police when they arrive.

It is important to be careful about sharing the details of the accident. Talking about the details of any accident, especially with an insurance company or the opposing lawyers is not a good idea. If you have any questions, it is important to contact an attorney first.

Car accidents can happen to anyone. This is why it’s important to be ready for any eventuality. Speak to the experienced car accident attorneys at Charlip Law Group today. To schedule a free consultation, call us today. 

Statute of Limitations in Miami, Florida

A statute of limitations refers to the time limit within which a plaintiff must file a suit in order for it to be accepted by the court. The court will automatically reject a plaintiff’s claim if he or she fails to file it within the prescribed time. This is perhaps the most tragic way to lose a claim because although there may have been a possibility of compensation, there will be no way to recover it. 

A statute of limitations can be a good thing. It is designed to protect the rights and interests of all parties involved. The quality of evidence continues to decline as one moves away from the event. For example, a witness might not be able to recall events from 10 years ago. Inadvertently, they could end up blaming someone else.

Florida personal injury lawsuits, including car accidents, product liability, and assault and battery, must be filed within four years of the date of injury. In cases where the injury was not immediately obvious, it must be filed within four years of the date of the doctor’s report confirming the injury. 

If you or a loved one has been involved in a car accident, it is important to seek medical help right away. It is also recommended to seek the help of an experienced attorney who may be able to help you receive the compensation you deserve for your injuries.

Talk to an Experienced Personal Injury Lawyer

Every car accident is different. Therefore, it’s important to thoroughly investigate the facts and evidence surrounding the crash. It is possible to feel anxious about trying to solve this problem on your own. The thought of trying to navigate Florida’s legal system can also be stressful. It is important to seek the help of an experienced car accident attorney if you find yourself in such a situation. 

Charlip Law Group’s personal injury attorney David H. Charlip, along with our car accident attorneys, are highly skilled at determining fault in car accident cases. We will work hard to provide you with the legal support of the highest quality and work toward the maximum compensation possible in your case. Call us at (305) 354-9313 today to learn more about how we can help with your case. 

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